KOTA KINABALU: A senior said to have hit a Form Two student in Kinarut should be investigated by police for voluntarily causing hurt, says a lawyer for the alleged victim's mother.
Lawyer Nurshalilah Fauzan Mailin said two police reports had been lodged, so a criminal investigation should be conducted under Section 323 of the Penal Code.
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She noted that this was also in accordance with the Guidelines for the Management of Bullying Misconduct in Educational Institutions implemented by the Education Ministry on Nov 3, 2023.
She said the school's action of only suspending the student involved, as stated by the Sabah Education Department director, was contrary to the ministry's guidelines.
“I refer to the official statement of the Education Department on Sept 14 that the student involved in the alleged bullying was suspended.
“According to the procedures... in the guidelines, where a case has been reported to the police, no disciplinary action can be imposed on the above student during the police investigation process,” she said in a statement on Tuesday (Sept 16).
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She said his client lodged the first police report on the incident on Sept 9 at Papar police headquarters, and a second report on Saturday (Sept 13) at Kota Kinabalu police headquarters.
"I urge the police to investigate the two police reports under section 323 of the Penal Code, and I hope the Education Department will comply with the guidelines set regarding bullying," she added.
The mother of the student said in the reports that her son was allegedly kicked in the stomach, slapped on the cheek and punched in the nose on Sept 7 for returning to the hostel late.
